(영문) 부산지방법원 2015.08.28 2015노1988 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.08.28 2015노1988

강제추행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal lies in the victim's statement as evidence consistent with the facts charged of this case, and the victim's statement is consistent and credibility, such as the response to truth as a result of the examination of the false oral detection devices, so there is insufficient proof to prove the facts charged of this case, and there

2. The lower court determined that the instant facts charged did not prove a crime on the following grounds.

① Even if the victim was on the part of the victim's play, the question is whether the defendant was able to easily make a rashing and panty attached to the victim's body, and the question is whether it is possible for the defendant to have a rashing part of the victim's sound, even if the victim had been able to have a rashed part of the victim's sound, it is also difficult for the victim to believe that the victim's statement is difficult to understand even if the victim had been too much rashed.

② After the occurrence of the instant case, the victim reported to the police for about one month after the occurrence of the instant case, but the date and time of the instant crime was not specified on his own, and eventually, it was somewhat unclear in the first order of January.

③ The victim did not comply with the victim’s statement and F on the date of call with F in relation to the instant case, and the statement on F prepared by a judicial police officer did not contain the specific content of indecent act by compulsion that the victim was the victim.

④ On January 19, 2014 before the victim’s complaint, the Defendant made a statement that he reported to the police on Jan. 19, 2014, the Defendant made a statement that the Defendant was unaware of the victim’s intent to “I am sexual harassment that I am unable to do so,” without mentioning the victim’s indecent act. G, the Defendant’s relatives, also, made a statement corresponding to the Defendant’s statement.

The grounds for the above judgment of the court below are that the victim was urged by the defendant, and that the victim was the victim.

유사 판례

-부산지방법원 2015.09.25 2015노1830

-광주고등법원 (제주) 2013.05.22 2013노8

-수원지방법원 2016.12.15 2016고단3352

-서울남부지방법원 2019.08.08 2018노1347

-서울동부지방법원 2019.05.24 2018노1610